Accused absconds to foreign country, when warrant pending. whether to inform passport authority ?
mumthasashraf
(Querist) 18 April 2015
This query is : Resolved
DEAR SIRS,
i have filed a complaint u/s 138 NI Act against an accused. but, now, it is reliably learned that the accused has absconded to gulf countries, after taking bail.
what can i do ?
whether i should inform the passport authorities or concerned embassies ?
pls advise me, sirs..............
thanking you, sirs in advance.
MUMTHAS ASHRAF
ADVOCATE
Devajyoti Barman
(Expert) 18 April 2015
After taking bail the accused person can go to anywhere he wants and you can not put restrictions on him.
However if he reepatedly fails to turn up during trial then you can ask for issuance of W/ A and then Lookout notice.
SAINATH DEVALLA
(Expert) 18 April 2015
How can U inform the PP authorities,when he has secured bail? Bail granted u/s 138 is unconditional and hence the accused need inform the court where he is going.But if he fails to turn up continuously for 4 adjournments,the MM can issue NBW again also issue a warrant to the suriety.
ajay sethi
(Expert) 18 April 2015
is the accused represented by a lawyer in 138 Ni proceedings or not? has application for exemption of personal appearance made by accused? has the application been granted?
Guest
(Expert) 18 April 2015
Passport Authority or the Embassy has nothing to do in individual trial cases, unless the authorities are directed by the concerned court of law to take some specific action on their part.
In fact, had you doubt about his fleeing from the country, you could have requested the court for impounding of his PP.
SAINATH DEVALLA
(Expert) 18 April 2015
Dear Querist, instead of worrying about the accused ask UR lawyer to concentrate on the proceedings of the case.
Guest
(Expert) 18 April 2015
Sainath ji,
Querist herself is a lawyer, as per her profile.
SAINATH DEVALLA
(Expert) 18 April 2015
Dear querist,
U have been posting several queries for the past 4 years in different threads, nothing wrong in it.But being a lawyer don't use this forum to gain knowledge.If U want to succeed as a lawyer U need practical experience than theoretical.
The simple line in UR query"should I inform the PP authorities" indicates Ur ignorance to bail given in NI Act.
